United States v. Zarate

United States Court of Appeals Fifth Circuit

FILED IN THE UNITED STATES COURT OF APPEALS August 18, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 03-41084 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CLAUDIO ZARATE,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-03-CR-9-01 --------------------

Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.

PER CURIAM:*

Claudio Zarate appeals his guilty-plea conviction and

sentence for possession with the intent to distribute marijuana.

Zarate contends that the sentencing scheme of 21 U.S.C. § 841 is

facially unconstitutional in light of Apprendi v. New Jersey, 530

U.S. 466 (2000). This argument is foreclosed by United States v.

Slaughter, 238 F.3d 580, 582 (5th Cir. 2000). Zarate raises the

issue only to preserve it for Supreme Court review. The judgment

of the district court is AFFIRMED.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.